Sony hit with another patent infringement suit

More legal woes for Sony: the computing and consumer electronics giant is being sued by Pennsylvania-based Agere Systems over a number of devices spanning several product categories that, you guessed it, may be infringing upon some eight different Agere patents. Specifically, Agere is claiming that the PSP, PlayStation 2, and PlayStation 3 -- along with several Vaio, Handycam, Walkman, and Location Free TV models -- are in violation of patents covering such varied technologies as a "wireless local area network apparatus" and "barrier layer treatments for tungsten plugs," whatever those are. Furthermore, the integrated circuit component manufacturer believes that Sony "willfully" violated the patents, and is thus seeking damages that could end up being three times what non-willful infringements would warrant. For its part, Sony is putting up a multi-pronged defense: its lawyers are first trying to get a judge to invalidate all of the patents and make the whole mess go away quickly; but if they do turn out to be valid, Sony is claiming that it's in the clear anyway due to cross-licensing deals dating back to 1989 with AT&T and Lucent Technologies (from whom Agere was spun off) that cover seven of the eight patents in question. Our uninformed legal opinion? Without knowing all of the specifics, it's difficult to ascertain who's got the stronger case here, but we can say that Sony's recent track record in fighting infringement accusations hasn't exactly been spotless, so as much as we'd love to cover yet another ugly, drawn-out court battle, maybe a quick settlement is the way to go with this one.

[Via PSP Fanboy]

[Alex @ Jul 17th 2006 4:16PM]

Honestly who gives a damn if Sony copied Agere's tungsten plug barrier treatments? The end user has no idea that such stuff is going on inside the unit, so it's not like Agere is losing money because of it. I hate it when these stupid small companies sue big ones for patent infringement, it's an obvious and pathetic attempt at making money, and in the end it doesn't really help anyone.

[KawF @ Jul 17th 2006 4:25PM]

Isn't the patent system just fabulous!
But it just might be time for a TOTAL MAKEOVER!

[Dave @ Jul 17th 2006 4:27PM]

It doesn't matter whether customers know it or not, Alex. Companies make money with their patents by licensing their technology to other companies. If Sony is violating their patent (using their technology without compensation), then they owe them money.

[Wonderboy @ Jul 17th 2006 4:36PM]

I'll be suing Sony soon for a process I patented that it's employees have been using which has been influential in building every single one of their products. I like to call it "electricity"... you may have heard of it.

My lawyer's lawyer says I have a good chance at a large settlement.

[me @ Jul 17th 2006 5:25PM]

"I hate it when these stupid small companies sue big ones ..."

From their website

Fiscal 2005 Revenues: $1.68 billion (for period ending Sept. 30, 2005)

Patents
Over 5,800 U.S. patents and applications

Key Centers

Ascot, U.K.
Bangalore, India
San Jose, CA, U.S.
Shanghai, China
Singapore

Employees: Approx. 6,200

I would hardly call them small, or stupid.

[sidewinder @ Jul 17th 2006 5:26PM]

I'd like to see the abstracts of these patents

[Pedro @ Nov 20th 2008 4:03PM]

Me too.
Post it here, please.

[Finished.Law.School @ Jul 17th 2006 5:43PM]

Just the excuse Sony needs to further delay the vaporware that is the PS3...

[shmengie @ Jul 17th 2006 5:51PM]

alex: you are completely wrong on this. it doesn't matter if the end-user knows what's inside or not. what matters is: if agere beat sony to the punch on getting the patent for rotating tungsten grommet stoppers, sony's gotta pay to license the technology. that's how agere loses (or makes) money. now, the merits (or lack thereof) of the patent system, that's another argument.

[martin @ Jul 17th 2006 7:15PM]

Agere is in no way small...it's basically the biggest company you've never heard of. They make modems mostly, do a lot of onboard modems and ethernet as well as telephony chipsets.

[Kyle @ Jul 17th 2006 7:25PM]

Don't worry about Alex. He has no opinion other than Sony can do no wrong. Looking through his other comments he leaves nothing but hate for anything that isn't Sony. I mean, c'mon Alex. We have patents in place so that Sony can't do things like steal from other companies. Personally, I think it pathetic that Sony has to steal from other companies time after time because they don't seem to have a creative bone left in their body...

[Chris @ Jul 17th 2006 9:49PM]

Hate to say it but this isnt going to end well for sony just look at the immersion/rumble debacle... sony's legal department seems to not be in touch with their tech department and they arent paying attention to old patents ... and then when they find out their is one they attempt to "get it thrown out completely" which never happens because its a simple fact... the patent existed before sony used the concept... it's not agere's fault that sony stupidly doesnt check what they are doing.....

As for the homeusers seeing it.. it doesn't really matter to agere if you see it or not or if you even know the patent exists... Patents are their so that the rightful inventors get paid their dividends for those companys that wish to use their processes... sony used the process sony needs to pay up!

[narco @ Jul 17th 2006 10:14PM]

Can they really sue over the PS3 if it's not even released yet?

Fishes,
narco.

[Eric @ Jul 17th 2006 11:37PM]

For those who aren't sure who Agere is, here's a quick synopsis.
AT&T got too damn big so the US Government made them break up into smaller companies. One of these companies was Lucent Technologies (AT&T Bell Labs). Whenever Lucent has an idea they think will be commercially profitable they spin it off into a child company. Agere (Telephony chips) is an example of this, as is Avaya (Telephone systems). So based on which patents are under Agere's control, it's plausible that they have a case. Then again I doubt if Agere has any information on the dealings of AT&T and Lucent before they received control of any of these patents.

[Ivan_PSP @ Jul 18th 2006 2:17AM]

Sony will win every lawsuit PS3 is gonna be awesome

[JinKazama @ Jul 18th 2006 8:05AM]

To me it's an open and shut case. If Sony did indeed have cross licensing agreements in place with AT&T and Lucent before the split they are covered.

[Ronald J Riley @ Jul 18th 2006 8:52AM]

Perhaps Sony has legal woes because they are a patent pirate, a company who takes liberties with other's patents?

====

The Professional Inventors Alliance USA was created more than a decade ago to protect American invention and encourage innovation. American inventors saw a need to track congressional legislation and federal policy that impacts independent inventors, small and medium-sized businesses and colleges and universities. The Alliance is the premiere organization in the nation, providing independent inventors a united voice in order to improve public policy.

The Alliance provides legislative counsel, congressional updates and strategy development to its members through a number of vehicles. Additionally, through its speaker’s bureau, Alliance members have an opportunity to provide expert opinion to many of the nation’s top-tier business, technology and mainstream media organizations. Over the years its members have testified before Congress, offered counsel to key Senate and House committee members, and successfully pushed legislation to protect America’s independent inventors.

Since its inception, the Alliance has grown into one of the most vocal advocates for America’s patent system.

Examples of areas of our expertise include David Vs. Goliath patent litigation, patent reform, and we have a unique view of the companies comprising the "Coalition for Patent Pirates".

Ronald J Riley, President
Professional Inventors Alliance
www.PIAUSA.org
RJR"at"PIAUSA.org
Change "at" to @
RJR Direct # [phone]

[AbbydonKrafts @ Jul 18th 2006 10:23AM]

Their are so many patents and applications floating out there that I'm not surprised that this is happening. If someone wants to develop a $20 product, they have to spend millions just on patent searching. What makes it worse is all the random terminology and descriptors used in the applications. What exactly would you search for? It's only a matter of time before it all implodes due to all of the civil and patent lawsuits.

[AbbydonKrafts @ Jul 18th 2006 10:24AM]

Argh.. first word should be "There", of course.

[Dayne Oram @ Nov 20th 2008 10:25AM]

Does it matter?
Agere probably wouldn't have done anything remotely as worth while as any of the sony products!! I've never even heard of agere!!! i had to scroll up to see who was suing sony while i was writing this!!
look, if Agere is reading this then;
PSP RULES THE HANDHELDS
PS3 IS MORE AWESOME THAN ANY OTHER CONSOLE (arguably)
WALKMAN IS THE BEST OF MP3'S
VAIO IS..... urm.... A LAPTOP!!!

and what do you make? ONE. SMALL. CHIP. THAT GOES INSIDE SOMETHING THAT NO-ONE HAS HEARD OF!!!!!!!!!!!